Recent Courtroom Success

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Sequor Law partner Daniel M. Coyle, with assistance from Daniel J. Halperin and Joseph Rome, secured a significant win before Judge Delano last month when she gave her oral ruling in Gaby Fraifer’s bankruptcy case on Sequor’s client DISH Network L.L.C.’s second renewed motion to dismiss or convert, and objection to the confirmation of the Third Amended Plan.

The debtor violated DISH’s copyright by selling what the laity would call ‘black boxes’ with apps that broadcast Arabic language television through content delivery networks, boosting the quality of the signal with encoders. DISH obtained a judgment in the MD of Fla. supported by a memorandum opinion detailing the factual findings supporting the judgment of direct copyright infringement.

Sequor was retained to pursue discovery in aid and satisfaction of the judgment. Soon after seeking charging orders, the debtor filed a Sub. V petition under Chapter 11 of the Bankruptcy Code. The debtor’s main assets were a 10% legal interest in three LLCS, two of which owned real property and one of which owned a promissory note secured by a mortgage. The two properties were leased to tenants paying Triple Net Leases (whereby they pay most of the expenses on the property). Despite that the debtor’s wife was purportedly the owner of 90% of the interest in the LLCs, the LLCs were managed and solely run by the debtor and the debtor provided documents in which he, as manager, had reserved the right to revise the ownership percentages of the LLCs at any time. The original operating agreements were nowhere to be found, and the only documentation supporting the debtor’s narrative regarding the ownership of the LLCs post-dated DISH’s lawsuit against the debtor.

The debtor proposed three plans whereby he would contribute his distributions and salary to the plans, along with income of his wife. The plans involved significant educational expenses to debtor’s adult children, along with other significant living expenses. The debtor also attempted to demonstrate a reduction of the income generated by the LLCs by subtracting the expenses paid for by the tenants and refusing to fully lease up the properties or invest the funds generated by the LLCs.

The Court saw through all of the debtor’s machinations and denied each of the debtor’s proposed plans, which required two separate trials.

Before the second trial, the team mediated over a period of six months before Judge Brown, including numerous joint and single zoom sessions and a two-day in person session.

Joseph Rome assisted at the first trial in May 2023 on the initial motion to dismiss or convert and objection to plan, and this evidence was judicially noticed for purposes of the most recent trial. Daniel J. Halperin assisted at the second trial in April 2024 and elicited key testimony from the expert witness to undermine the debtor’s testimony.

Attorney Spotlight – Get to Know Arnoldo “Arnie” Lacayo

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  • What inspired you to pursue a law career? My experience as an immigrant to this great country inspired me to pursue a legal career. More specifically, I was inspired by an experience I had in college volunteering as an interpreter at an immigration law clinic which provided free legal services to recently arrived migrants. I was also inspired by one of my great-grandfathers on my mother’s side who died at a young age but had served as a lawyer and judge of distinction in my native Nicaragua and used his legal training to argue for the independence and sovereignty of Nicaragua.
  • Why did you choose the areas of law that you practice? I have always been interested in international and cross-border issues. I explored this interest in law school and in my first job as a lawyer. When I had the opportunity to join this firm (then known as Astigarraga Davis), I knew it was one of the city’s premier international firms. The chance to work on international and cross-border cases on behalf of victims of fraud was a challenge that I was thrilled to take on.
  • What skills do you draw upon when it comes to your specific practice areas? I supervise and handle cases from and in various jurisdictions around the world. A very large percentage of them touch the Spanish-speaking, civil law, world. Over the years my legal Spanish has grown tremendously, and I now use Spanish daily in my interactions with clients and co-counsel. The ability to translate between the languages and, more importantly, between the civil and common law systems is a skill that I draw upon every day.
  • What is the most rewarding part about your job? The most rewarding part of my job is helping victims of fraud who have suffered at the hands of unscrupulous people who think – incorrectly – that they are untouchable and above the law.
  • Tell us about a mentor who made an impact on your career. I’ve been very fortunate to have great mentors throughout my life. In terms of mentorship in my legal career, I credit my law partner Ed Davis for being a great mentor throughout the almost 19 years we’ve been working together. Those who know Ed know that he relishes the chance to mentor because he himself had great mentors in his own career. I now try to do the same for younger lawyers.
  • If you weren’t practicing law, what would you be doing? I have loved history throughout my life and majored in it in college, so maybe teaching history.
  • What might people be surprised to learn about you? That my family and I arrived as asylum seekers when we came to the United States.
  • What is a good book or article you read recently? I read a lot for pleasure. I also listen to audiobooks during my long commutes. I recently enjoyed You Dreamed of Empires by Alvaro Enrique and Far North by Marcel Theroux, both audiobooks with great narrators. I also really enjoyed The Swerve: How the World Became Modern by Stephen Greenblatt.